Under the
Australian Citizenship Act 2007 (Section 21(2)(c) and
Section 23) a permanent resident may be granted citizenship after
completing 90 days permanent service in the Australian Defence
Force (ADF) or six months service in the Reserves.

These provisions are
typically utilised by ADF ‘lateral transfer members.’
ADF lateral transfer members are persons who have served in another
nation’s armed forces, typically the United Kingdom’s,
and who have then migrated to Australia to join the ADF.

The problem with the
current Act is while it provides for ADF lateral transfer members
to be provided with ‘early’ citizenship, these
provisions do not extend to the spouse or dependants of the lateral
transfer member.

The current
situation results in significant hardship for the spouse and
dependants of lateral transfer members and can and does lead to
discord within families of ADF lateral transfer members and can
have severe negative financial implications for the member’s
spouse in the event the member dies (on operations, undertaking
training or otherwise) or the couple divorce prior to the
spouse and any dependants becoming citizens.

This Bill will amend
the Australian Citizenship Act
2007 in
such a way as to ensure that spouses and dependent children of ADF
lateral transfer members are eligible for citizenship at the same
time as the ADF lateral transfer member.

This Bill will
ensure that spouses and dependent children of ADF lateral transfer
members, by virtue of their citizenship, will not unduly suffer,
financially or otherwise, because of the ADF lateral transfer
member’s death or because of divorce.

FINANCIAL IMPACT

The bill will have no financial
impact.

Clause 1 - Short
title

This clause provides for the
Bill to be cited as the Australian Citizenship Amendment
(Defence Service Requirement) Act 2012 .

Clause 2 -
Commencement

This clause sets out the
commencement date of the Act.

Clause 3 -
Schedules

This clause provides that each
Act that is specified in a Schedule to this Bill is amended or
repealed as set out in the applicable items in the
Schedule.

Schedule 1 -
Amendments

Amendment of
the Australian Citizenship Act 2007

Item 1 - Paragraph
21(2)(c)

Item 1 omits the requirement,
under general eligibility requirements, to have completed
‘relevant defence service’ as this is replaced under
the new Section 23 of the Australian Citizenship Act
2007 with
the requirement to have satisfied the ‘defence service
requirement.’

Item 2 - Paragraph
21(3)(c)

Item 2 omits the requirement for
a person with a permanent or enduring physical or mental incapacity
to have completed ‘relevant defence service’ as this is
replaced under the new Section 23 of the Australian Citizenship Act
2007 with
the requirement to have satisfied the ‘defence service
requirement.’

Item 3 - Paragraph
21(4)(d)

Item 3 omits the requirement for
a person aged 60 or over or who has a hearing, speech or sight
impairment to have completed ‘relevant defence service’ as this
is replaced under the new Section 23 of the Australian Citizenship Act
2007 with
the requirement to have satisfied the ‘defence service
requirement.’

Item 4 - Section
23

Item 4 repeals the current
Section 23 that stipulates that for the purposes of Section 21
‘relevant defence service’ has been completed if a
person has completed either:

a) at least 90 days
service in the permanent forces of the Commonwealth (Navy, Army or
Air Force);

b) at least six months
service in the Naval Reserve, Army Reserve or Air Force Reserve;
or

c) was discharged from
either permanent or reserve service because he or she became
medically unfit for that service as a result of that
service.

Item 4 replaces the current
Section 23 of the Australian Citizenship Act 2007 with the
new Section 23 as contained within the Australian Citizenship
Amendment (Defence Service Requirement) Bill
2012 .
This change reflects the core intent of the Bill.

The new Section 23 alters the
Australian Citizenship Act 2007 , for the purposes of Section
21 of the Act, by extending the eligibility for citizenship to the
spouse or de facto partner of a person who has completed
‘relevant defence service’ under the new Section
23(2).

The new Section 23 also alters
the Australian Citizenship Act 2007 , for the purposes of
Section 21 of the Act, by extending the eligibility for citizenship
to the child of a person who has completed ‘relevant defence
service’ under the new Section 23(2).

For the purposes of the new
Section 23(1)(c)(i) and 23(1)(c)(ii) respectively, a child is
defined as a person aged under 18 years of age and who is wholly or
substantially dependent on the person who has completed
‘relevant defence service’; or a person who is a
student aged 25 or under and is wholly or substantially dependent
on the person who has completed ‘relevant defence
service.’

Item 4 retains the existing
definition of ‘relevant defence service’ as it appears
under the current Section 23 of the Australian Citizenship Act
2007 .

STATEMENT OF
COMPATIBILITY WITH HUMAN RIGHTS

Prepared in
accordance with Part 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011

Australian
Citizenship Amendment (Defence Service

Requirement) Bill
2012

This
bill is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of
the Human Rights (Parliamentary Scrutiny) Act
2011 .

Overview of the
bill

This Bill will amend
the Australian Citizenship Act
2007 in
such a way as to ensure that spouses and dependent children of ADF
lateral transfer members are eligible for citizenship at the same
time as the ADF lateral transfer member.

The problem with the
current Act is while it provides for ADF lateral transfer members
to be provided with ‘early’ citizenship, these
provisions do not extend to the spouse or dependants of the lateral
transfer member.

The current
situation results in significant hardship for the spouse and
dependants of lateral transfer members and can and does lead to
discord within families of ADF lateral transfer members.

This Bill will
ensure that spouses and dependent children of ADF lateral transfer
members, by virtue of their citizenship, will not unduly suffer,
financially or otherwise, because of the ADF lateral transfer
member’s death or because of divorce.

Human rights
implications

This bill does not
engage any of the applicable rights or freedoms.

Conclusion

This bill is
compatible with human rights as it does not raise any human rights
issues.